Part 2Criminal offences

Chapter 1Murder, infanticide and suicide

Partial defence to murder: diminished responsibility

I153Persons suffering from diminished responsibility (Northern Ireland)

1

Section 5 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (effect, in cases of homicide, of impaired mental responsibility) is amended as follows.

2

For subsection (1) substitute—

1

A person (“D”) who kills or is a party to the killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning which—

a

arose from a recognised mental condition,

b

substantially impaired D's ability to do one or more of the things mentioned in subsection (1A), and

c

provides an explanation for D's acts and omissions in doing or being a party to the killing.

1A

Those things are—

a

to understand the nature of D's conduct;

b

to form a rational judgment;

c

to exercise self-control.

1B

For the purposes of subsection (1)(c), an abnormality of mental functioning provides an explanation for D's conduct if it causes, or is a significant contributory factor in causing, D to carry out that conduct.

1C

Where, but for this section, D would be liable, whether as principal or as accessory, to be convicted of murder, D is liable instead to be convicted of manslaughter.

3

In subsection (2), for “subsection (1)” substitute “ subsection (1C) ”.

4

In subsections (4) and (5), for “mental abnormality” substitute “ abnormality of mental functioning ”.